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How We Can Lose the Court Forever With Miers
Self | October 20, 2005 | JohnRobertson

Posted on 10/20/2005 7:56:54 AM PDT by John Robertson

Just step it out:

She gets on.

At the hearings, she is not all that impressive, but she is voted up.

Our side remains fractious and resentful. Even those who screamed “Wait for the hearings!” because they got tired of saying the president can nominate anyone he wants, it’s in the Constitution, are left exhausted. (And some even admit that maybe we shouldn’t have waited for the hearings.)

A critical number of us don’t vote in 2006, either out of resentment or disillusionment or disgust or all of the above.

A handful of our senators go down.

Even if the Democrats don’t have a literal majority, they have an effective majority, with Specter, Snowe, etc. The next time there’s an opening on the court, they control the process (that is, even more than they do now).

In 2007, a crucial case comes up. What it is doesn’t matter, except that it’s important to us. It comes down to Miss Swing, who falls the other way. Ms. Miers pulls an O’Connor-when-she’s-bad, in other words. There is disbelief among her supporters—how could she do this? (That she has been toasted as a “Justice with a mind of her own” by the MSM has only emboldened her to “really get involved” in “the issues that affect Americans”). The disbelief quickly turns to deep resentment. (There will, however, be a few holdouts here on FR who will insist that it’s all part of some big plan, and that we just have to trust the president and be patient, he’s playing canasta while everyone else is playing Chutes and Ladders, or something.)

Early 2008. Justice Stevens shuffles off the mortal coil. The Democrats on the Judiciary Committee urge the president, because of his lack of support among even conservatives, to hold off on a nomination. The president says he will not hold off, that his team is vetting nominees, but we all know otherwise. After the Miers debacle, he just doesn’t have the stomach for it.

Mid-2008. Justice Ginsburg resigns, for health reasons. The Court now functions with seven justices. The president puts the word out that he will name a nominee after his people come up with a nominee for the Stevens vacancy, and not before. And oh, yes, there is the looming presidential election. The MSM and Dem operatives convince a critical number of lawmakers and citizens that the “prevailing sentiment” is that we should wait for the next administration to name new justices.

November, 2008. A new president is elected. The candidate wins for two reasons: A number of conservatives decide to sit it out—resentment, disillusionment, despair, teaching a lesson, etc. But many of those conservatives back a third-party candidate, who pledges to name only originalists to the Court. The three-way race (also known as the “Arkansas Scenario,” or, sometimes, “The Carville Sneak,”) gets…a Democrat into the WH, with 34.6% of the vote.

2009. Two very unapologetically liberal candidates are named for the Court, and approved.

2011. One death this year among the justices, one resignation, for health reasons. Both conservatives, as it turns out. Two more very liberal nominees are put up, and approved. ………………


TOPICS: Your Opinion/Questions
KEYWORDS: fixated; miers; scotus
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Of course, it’s all just speculation. We really should wait for the hearings.
1 posted on 10/20/2005 7:56:58 AM PDT by John Robertson
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To: John Robertson
Our side remains fractious and resentful.

Look at the bright side, we'll weed out the McPain's and RINO's early on in the primaries just on this topic alone.

2 posted on 10/20/2005 8:04:38 AM PDT by quantim (I just reek of the antithesis of liberalism. They smell me and scatter like rats.)
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To: John Robertson

Speculation, yes. Unrealistic? No way! It could happen.


3 posted on 10/20/2005 8:05:29 AM PDT by saganite (The poster formerly known as Arkie 2)
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To: John Robertson

I think what the conservative intellectuals (of which I am one) would like, is for Bush to withdraw the nomination, and appoint another John Roberts instead.

The problem with this is that it would be hard to find an ideal candidate, who would be a woman, a skilled constitutional lawyer, and without a record that would cause the Dems to fillibuster.

But we are disappointed because Bush didn't even bother to look.


4 posted on 10/20/2005 8:07:43 AM PDT by proxy_user
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To: John Robertson
"How We Can Lose the Court Forever With Miers"


"Of course, it’s all just speculation. We really should wait for the hearings."


Very true, plus nothing lasts "forever".

For instance, the fact that the Republicans, having the "majority" for these many years, and being unable to actually believe it and act accordingly.


But hey ... some fish, and others cut bait.



5 posted on 10/20/2005 8:08:21 AM PDT by G.Mason (The enemy in the United States is not the terrorist ... it is the Democrat Party)
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To: John Robertson

Your scenario has Stevens and Ginsberg replaced by liberals as far left as they are and two conservatives replaced by looney leftists... that's going to tilt the court with or without Miers.

Relax, the trend is your friend and the country is moving to the right.


6 posted on 10/20/2005 8:08:27 AM PDT by vikingd00d
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To: proxy_user
"The problem with this is that it would be hard to find an ideal candidate, who would be a woman ..."


I find you considering yourself to be an intellectual rather amusing.



7 posted on 10/20/2005 8:11:43 AM PDT by G.Mason (The enemy in the United States is not the terrorist ... it is the Democrat Party)
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To: John Robertson
1) Your "crucial case" in 2007 ... There are 9 people on the court. If Miers does an "O'connor-when-she's-bad" and votes the wrong way -- there's an implication here that she's the only player. There's also the implication that Miers had better vote "the right way" 100% of the time. If she ever (ever!) votes in disagreement with Scalia -- Well! There you have it! End of the world! I say get a grip.

2) Amid your endless chain of speculation, you left out the part where the giant asteroid slams into the Earth and ends all life. It could happen.

8 posted on 10/20/2005 8:11:43 AM PDT by ClearCase_guy
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To: John Robertson
Even if the Democrats don’t have a literal majority, they have an effective majority, with Specter, Snowe, etc.

Yes, that's the situation now even if your "side" proceeds with the "threat" to "sit it out". So no matter who was nominated, your end result could be the same. Oh that's right, I keep hearing "the Democrats wouldn't dare" to filibuster Janice Rogers Brown. This, I don't buy. Of course they will and as usual they wouldn't be held responsible. Still, I agree it would have been a much better show than watching Miers get treated like foolish old idiot by both "sides".

9 posted on 10/20/2005 8:11:44 AM PDT by rhombus
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To: John Robertson

Or ... Miers could be what she says she is - a strict constructionist (which Souter never claimed to be) ... continued success in Iraq and dropping oil/gas prices .... a Saddam trial detailing the crimes of that maniac ... an Al Qaeda HVT has a date with a Predator drone .... GOP retains Congress ... Hillary v. Kerry v. Gore v. Biden v. Lieberman bloodbath with Dean, Streisand, Clooney and Ma Sheehan providing the usual comic relief ... George Allen and/or Condi and/or McCain (disclaimer: not my guy) carry the red states ... life is good!


10 posted on 10/20/2005 8:13:22 AM PDT by Airborne1986 (Well, you can do what you want to us. But we're not going to sit here while you badmouth the U.S.A.)
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To: saganite
Could it happen? LOL, well, ANYTHING can happen including the exact opposite of what the original poster speculates. Meirs could turn out to be Scalia X10.
11 posted on 10/20/2005 8:13:50 AM PDT by Eagles Talon IV
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To: proxy_user
I believe Miers would need to withdraw herself, Bush couldn't do it and still have any power.

The moment the hearings start it's a done deal, no republican would dare vote against her as doing so would embolden the rats from saying "sure I voted against so and so because they weren't (fill in the blank), heck, even his own party members voted against Miers" and voting against any nominee en masse.

Not that they might not anyway but without the cover of republicans voting against Miers I think they would lose the war.

12 posted on 10/20/2005 8:14:27 AM PDT by Proud_texan ("Moderation in the pursuit of justice is no virtue." - Barry Goldwater)
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To: John Robertson
Here's some more speculation that is about as useful as yours... This year you will go in for an annual physical and be diagnosed with prostate cancer. The doctors will do their best to treat it, but their efforts will only result in great agony and pain for you, and your tumor will continue to grow. You will discover that your treatments were not covered by your health insurance and you will go into severe debt. You will die a very painful death and leave your family a mountain of unpaid medical bills.

Of course, it's all just speculation. But obviously it isn't that difficult to come up with a worthless doom and gloom vanity without expending much thought.

13 posted on 10/20/2005 8:14:44 AM PDT by Rokke
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To: John Robertson
Or how about this:

"She gets on.

At the hearings, she is not all that impressive, but she is voted up.

Our side remains fractious and resentful.

Then she gets her first couple chances to vote. She votes similar to Thomas, Scalia and Roberts. We all forget why so many were upset.

14 posted on 10/20/2005 8:15:28 AM PDT by wallcrawlr (http://www.bionicear.com)
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To: John Robertson
Umm, try this scenario. Miers gets confirmed, votes the way we expect her to. Ruth Buzzi Ginsberg also resigns, and the Dems, realizing they cannot stop any Bush nominee, are steamrolled as Luttig or Ted Olson is named to the court. A discouraged Stevens resigns and Janice Rogers Brown is named to the Court.

Meanwhile, (as I predicted, on the record, a month ago) the GOP gains a seat or two in the off-term elections, and holds the House.

Immigration increasingly becomes the #1 problem, and it becomes tied to judicial activism, esp. in AZ and CA, where judges overrule the will of the people. These judges are slapped down by the newly constructed USSC, but the outrage leads to a strong "secure borders" candidate in 2008. Hillary is crushed.

15 posted on 10/20/2005 8:15:45 AM PDT by LS (CNN is the Amtrak of news)
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To: All





16 posted on 10/20/2005 8:17:41 AM PDT by monkapotamus
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To: quantim; All

Look at the brightside... civil war.


17 posted on 10/20/2005 8:19:32 AM PDT by johnny7 (“What now? Let me tell you what now.”)
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To: John Robertson
Of course, it’s all just speculation.

That also accurately describes the MSM reports on a number of topics.

18 posted on 10/20/2005 8:20:09 AM PDT by airborne (Al-Queda can recruit on college campuses but the US military can't!)
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To: johnny7

Will the war be televised?


19 posted on 10/20/2005 8:21:25 AM PDT by i_dont_chat (Houston, TX)
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To: LS

I want some of what you're smokin'! ;^)


20 posted on 10/20/2005 8:21:35 AM PDT by airborne (Al-Queda can recruit on college campuses but the US military can't!)
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